Research On The Protection Of Consumers’ Right To Know In Internet Unfair Competition

The development of Internet technology promotes the development of Internet economy,and also promotes the unfair competition of Internet.With the Internet unfair competition the first case 3Q war as a mark,the Internet unfair competition behavior appears continuously.Although competition is the behavior between operators,the ultimate acceptor of competition behavior is consumers,so consumers’ interests may also be infringed by the improper behavior of the Internet.In fact,the commercial defamation,market confusion and free riding in the unfair competition of the Internet all infringe on consumers’ right to know.Due to the characteristics of the Internet,such as virtuality and no regional restrictions,the infringement of consumers’ right to know by unfair competition on the Internet has its particularity compared with that in traditional transactions.Although the newly revised Anti Unfair Competition Law of China has added the element of consumers in the identification of unfair competition behavior,and takes protecting consumers as one of the legislative purposes,there is still room for implementation in the design of specific systems.In view of this,this paper studies the protection of consumers’ right to know in the unfair competition of the Internet with the case of judicial practice.In addition to the introduction and conclusion,the main body of this paper is divided into four parts.The first part is the particularity of the protection of consumers’ right to know in the unfair competition of Internet.Internet economy is different from traditional economy,it is a kind of attention economy.Due to the characteristics of the Internet,the unfair competition behavior of the Internet is also different from the traditional unfair competition behavior,so the protection of consumers’ right to know in the unfair competition behavior of the Internet also shows its particularity: the infringement behavior in the unfair competition of the Internet is highly technical,the transaction virtualization leads to more serious information imbalance and the infringed consumers present "network effect".The second part is the judicial practice and typical behavior of the protection of consumers’ right to know in the unfair competition of Internet.In the judicial practice,the court analyzes the collected cases according to whether the consumers’ right to know is taken into account when it judges the cases of unfair competition on the Internet,and obtains the attitude to the protection of consumers’ right to know in the judicial practice.Through the type thinking of the Internet unfair competition behaviors involved in the collected cases,it is found that the typical behaviors of infringing consumers’ right to know mainly include false propaganda,commercial defamation,market confusion,etc.The third part is the problems in the protection of consumers’ right to know in the unfair competition of Internet.Through the analysis,we find that there are four main problems in the protection of consumers’ right to know in the unfair competition of Internet in China: first,the connotation of consumers in the anti unfair competition law and the consumer rights and interests protection law is inconsistent.Second,in the judicial practice,the protection of consumers’ right to know lacks due attention and the unified standard of the right to know has not been established.Third,the relevant provisions on the liability of infringing operators in the anti unfair competition law are not perfect.Fourth,it is difficult for consumers whose right to know is infringed to protect their rights and interests according to law.It is difficult for consumers to get support when they file a lawsuit according to the public interest litigation system,the law on the protection of consumers’ rights and interests and the law against unfair competition.The fourth part is the perfection of the protection system of consumers’ right to know in the unfair competition of Internet.First of all,we should unify the connotation of consumers in the anti unfair competition law and the consumer rights and interests protection law,and respond to the demands of consumption mode and era development on the concept of consumers.Secondly,we should pay attention to the protection of consumers’ right to know in the unfair competition on the Internet and establish a unified standard of consumers’ right to know.Thirdly,it is necessary to improve the tort liability of the infringer,add the profit deprivation clause and punitive compensation clause to prevent the occurrence of unfair competition.Finally,in the anti unfair competition law,we give consumers the right of collective action,and clarify the scope of the subject of collective action.